2020 (3) TMI 1352 - AT - Insolvency and Bankruptcy

Seeking withdrawal of Application under Section 9 of IBC - Committee of Creditors (CoC) has not yet been constituted and that although CoC is not constituted, IRP has received claim of ₹ 4 Crores from Bank of Baroda - IRP has grievance that no clear assurance regarding CIRP costs and payment of Fee of IRP is there - HELD THAT - This Appeal is disposed off, permitting the Appellant to pursue the matter before the Adjudicating Authority with regard to withdrawal of Application under Section 9 of IBC, which Application is stated to have been filed by Respondent No. 1- Operational Creditor - The Adjudicating Authority will deal with the matter calling response from IRP. Appeal disposed off.

Summary

Issues Involved:
1. Settlement between the Appellant and Operational Creditor.
2. Constitution of Committee of Creditors (CoC) and claim received by Interim Resolution Professional (IRP).
3. Application under Rule-11 of NCLT, 2016 filed by Operational Creditor.
4. Grievance of IRP regarding lack of clarity on CIRP costs and IRP fee.
5. Withdrawal of Application under Section 9 of IBC by Operational Creditor.
6. Adjudicating Authority's role in addressing the withdrawal application and response from IRP.

Settlement between the Appellant and Operational Creditor:
The Appellant and Operational Creditor have settled their dispute, as confirmed by their respective counsels. A Settlement Deed has been presented as evidence. This settlement allows the Appellant to pursue the matter before the Adjudicating Authority concerning the withdrawal of the Application under Section 9 of the Insolvency and Bankruptcy Code (IBC) filed by the Operational Creditor.

Constitution of CoC and Claim by IRP:
The IRP has highlighted that the CoC has not been constituted yet, despite receiving a claim of ?4 Crores from Bank of Baroda. The absence of a constituted CoC raises concerns regarding the handling of the claim and the overall insolvency resolution process.

Application under Rule-11 of NCLT, 2016 by Operational Creditor:
The Operational Creditor has initiated an Application under Rule-11 of the National Company Law Tribunal (NCLT) Rules, 2016. This action is based on a judgment of the Hon'ble Supreme Court in a specific case, indicating a legal basis for the Operational Creditor's application.

Grievance of IRP:
The IRP has expressed dissatisfaction with the lack of clear assurance regarding the Corporate Insolvency Resolution Process (CIRP) costs and the payment of the IRP's fee. This grievance highlights the need for transparency and certainty in financial matters related to insolvency proceedings.

Withdrawal of Application under Section 9 of IBC:
The Appeal has been disposed of, allowing the Appellant to proceed with addressing the withdrawal of the Application under Section 9 of the IBC, which was filed by the Operational Creditor. The Adjudicating Authority is tasked with reviewing this matter and obtaining a response from the IRP promptly.

Adjudicating Authority's Role:
The Adjudicating Authority is directed to consider the withdrawal Application under Rule 11 of the NCLT Rules, which was filed by the Operational Creditor. The Authority is urged to seek a response from the IRP and make a timely decision on the matter. Additionally, the IRP is instructed not to constitute the CoC until a specified date, ensuring the completion of necessary processes before the Adjudicating Authority.

This judgment addresses various critical aspects of insolvency proceedings, including settlements between parties, the role of the CoC, legal applications filed by creditors, concerns of the IRP, and the responsibilities of the Adjudicating Authority in overseeing the resolution process effectively.